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The Corporate CounselorKickerFeaturesTopicsRegulationSectionsNewsLJN Newsletters

Corporate Internal Investigations

By Vince Farhat, Vito Costanzo and Stacey Wang
September 28, 2012

Companies are under increasing pressure to investigate and self-report allegations of corporate misconduct. As government agencies become more aggressive in investigating allegations of corporate fraud and abuse, an unprepared company may unwittingly find itself mired in obstruction of justice charges because initial protective steps were not taken to identify and preserve potential sources of evidence and to establish the independence of the company's decision makers vis-'-vis the alleged misconduct.

This is the last of a three-part series giving companies a step-by-step guide for planning and conducting sensitive internal investigations into potential wrongdoing. Part One covered the initial decision of whether to conduct an internal investigation and immediate steps that should be taken to preserve evidence and create an independent investigation. Part Two addressed how to design and plan internal investigations, including how to define and charter the investigation and document collection and review. This last installment of the series covers witness interviews, memorializing findings, whether to self-report violations, handling whistleblowers, and pre-investigation preparation.

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